9th day of June 2011
OP.1095/03 filed on 29/12/03
Complainant : P.J.Francis, 25/2183, Consumer No.5447, Thrissur.
(By Adv.A.D.Benny, Thrissur)
Respondents : 1. Assistant Secretary, Thrissur Corporation Electricity
wing, Thrissur Corporation, Thrissur.
2.Thrissur Corporation, rep. by Secretary, Thrissur
Corporation, Thrissur.
(By Adv. M.Vinod, Thrissur)
ORDER
By Smt.Rajani.P.S., Member
The complainant’s case is as follows: The complainant is a consumer of the respondents vide consumer No.5447 for room No.25/2183. The complainant is using the said premises for earning his livelihood under self employment basis. The complainant had paid regularly all the electricity charges and hence no chance for arrears. But on 4/11/03 the respondents had issued a bill for Rs.14,168/- for the period upto 2/01. They demanded an amount before April 1997. In the calculation statement the respondents demanded Rs.18033/- including penal interest of Rs.3,860/-. The said bill lacks any readings or calculations and also time barred. The respondents informed that if the amount is not paid they will disconnect the supply. Hence the complaint.
2. The respondents were called absent and set exparte.
3. To prove the case of the complainant he filed affidavit and produced Exhibits P1 and P2 documents.
4. According to the complainant he regularly paid the charges of electricity. So there is no scope for any dues. But the respondents issued Exhibit P1 bill dated 4/1/03 for Rs.14,168/- and as per Exhibit P2 they have charged penal interest and demanded Rs.18,033/-. The bill lacks supporting readings for the amount calculated. Further they demanded an amount before April 1997 and hence the bill is barred by limitation vide the Electricity Act.
5. There is no evidence to the contrary.
6. Exhibit P2 is the calculation statement issued by the respondent. As per the same it can be seen that the arrears are with respect to the period from 4/97 to 2/01. The bill has been issued on 4/11/03. Evidently as per Section 56(2) no such due from any consumer shall be recoverable after the period of two years from the date of when such sum became first due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied. Hence Exhibit P1 bill has been issued for the period not recoverable as per Section 56(2) of the Electricity Act 2003, that came into force on 10/6/03. There is no case that it has been shown continuously as recoverable as arrears of charges of electricity. Hence the respondents are not entitled to claim the Exhibit P1 and P2 amount vide Section 56(2).
7. In the result the complaint is allowed and the Exhibit P1 and P2 bills stand cancelled. No order as to cost and compensation.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 9th day of June 2011.
Sd/-
Rajani.P.S., Member
Sd/- Padmini Sudheesh, President
Sd/- M.S.Sasidharan, Member
Appendix
Complainant’s Exhibits
Ext. P1 Notice
Ext. P2 Calculation statement
Id/-
Member
